Kanoon SamjhoIndian law, made simple
Criminal Law

Someone is spreading lies about me. Can I file defamation?

Simple answer

Yes. You can file a criminal complaint before a Magistrate, a civil suit for damages, or both. Police cannot start a defamation case on their own; the person defamed must complain to the court. A true statement made for the public good is not defamation.

Real-life examples

Lakshmi's neighbour tells everyone she stole money from the temple fund, which is false. Lakshmi files a complaint before the Magistrate under BNS 356. If it is proved, the court can order up to 2 years of simple jail, a fine, or community service.

Arjun posts an honest review, with photos, saying a restaurant served stale food. If what he says is true and in the public interest, or is a fair opinion given in good faith, it is usually not defamation.

Fatima's ex-colleague sends a false message about her to her office WhatsApp group. Online messages can also be defamation. Before it is deleted, she takes screenshots showing the sender, the group and the date.

What should you do?

  1. 1Save proof: screenshots with dates and links, recordings, newspaper cuttings, and names of people who heard or read it.
  2. 2Send a legal notice through a lawyer asking the person to stop, take the content down and apologise.
  3. 3For a criminal case, file a complaint before the Judicial Magistrate with your evidence and witnesses. The court will hear the accused before taking up the case.
  4. 4For money compensation, file a civil suit for damages, generally within 1 year of the statement being published or spoken.
  5. 5For online posts, also report them to the platform so they can be removed.

Exceptions & limits

  • It is not defamation to say something true for the public good, give a fair opinion in good faith, or make a good-faith complaint to police or other authorities.
  • A criminal complaint must generally be filed within 3 years. Usually only the person defamed can file it, not a friend or the police.

Official legal reference

  • Bharatiya Nyaya Sanhita, 2023 — Section 356

    Defines defamation and its 10 exceptions (like truth for the public good). Up to 2 years simple jail, or fine, or both, or community service.

    Earlier: IPC Sections 499, 500, 501, 502Read the official text

  • Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 222

    A court can take up defamation only on a complaint by the person defamed; others may complain only in limited cases, with the court's leave.

    Earlier: CrPC Section 199Read the official text

  • Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 223

    The Magistrate examines the complainant on oath and must give the accused a chance to be heard before taking up the case.

    Earlier: CrPC Section 200Read the official text

  • Limitation Act, 1963 — Schedule, Articles 75, 76

    Civil suit for libel (written) or slander (spoken): 1 year from publication, or from when the words were spoken.

    Read the official text

  • Subramanian Swamy v. Union of India (2016)

    Supreme Court upheld criminal defamation as constitutionally valid, as a reasonable limit on free speech to protect reputation.

Where to get help

NALSA Free Legal Aid

Free lawyer and legal advice for eligible people through Legal Services Authorities.

Call 15100nalsa.gov.in

Source & status

Applies to
All of India
Law in force since
1 Jul 2024
Legal review
Draft — awaiting lawyer review

Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.

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